Dipak Kumar @ Bipin Rai @ Dipak Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4062 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Dipak Kumar @ Bipin Rai @ Dipak Kumar Rai Son of Sagar Rai @ Ram Sagar Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai 2.

Sagar Rai @ Ram Sagar Rai Son of Ram Swaroop Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai 3.

Dharmendra Kumar @ Dharmendra Yadav Son of Late Ram Vilash Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai 4.

Jitendra Kumar Son of Late Ram Vilash Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai 5.

Vimla Devi W/o Sagar Rai @ Ram Sagar Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai 6.

Mahendra Rai @ Mahindra Rai Son of Bhogilal Rai R/o vill - Bhikhamchak, P.s. - Bachhwara, Distt. - Begusarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307, 504, and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of one case, and petitioner Nos. 2 to 6 are persons with clean antecedents, and the informant

Patna High Court CR. MISC. No.4062 of 2024(2) dt.15-02-2024 2/3 alleges that Kundan and Neelam entered the house of the informant and assaulted Hema with rod and danda, causing injury on her head. Thereafter, it is alleged that the accused persons, including the petitioner, also assaulted the informant, his wife and his son. The learned counsel next submits that the petitioners and the informant are agnates. It is next submitted that there is a dispute relating to land, and from perusal of allegations as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in nature. It is further submitted that even injuries suffered by the informant, his wife, and son are simple in nature.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhhwara P.S. Case No. 92 of 2023 subject to the conditions

Patna High Court CR. MISC. No.4062 of 2024(2) dt.15-02-2024 3/3 as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T